0692-00-ES TAS Paralegal Services, Applicant v. Sandra La Paix and Ministry of Labour, Responding Parties.
Employment Practices Branch File No.: 51077721
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; June 7, 2000
This is an employer application filed pursuant to section 68 of the Employment Standards Act (the “Act”) requesting review of an Order to Pay No. 57870 dated May 10, 2000.
The employer has asked for special authorization to have this application for review processed without payment due to financial difficulties. The employer in his letter of May 28, 2000 states that he was unable to attend the “hearing” on April 27, 2000 because he misplaced or did not receive the notice of “hearing” because he was moving to smaller premises. The applicant employer refers to a decision “rendered” by this Board in his absence and explains he is unable to pay the money required by the Order to Pay because he is bankrupt.
The Board assumes the hearing on April 27, 2000 was in fact a meeting with an Employment Standards Officer resulting in the Order to Pay of May 10, 2000. The Board assumes the “decision” referred to is the officer’s decision resulting in the amount of the order to pay.
Section 68(7) of the Act provides as follows:
- (7) An application for a review of an order requiring the applicant to pay an amount is not properly made and the Board shall not proceed with the review unless, within the time for applying for the review, the applicant pays the amount to the Director in trust or provides the Director with an irrevocable letter of credit acceptable to the Director.
- Pursuant to the Act the Board has no discretion to proceed with an application for review of an Order to Pay without confirmation from the Director of Employment Standards that the requisite payment has been made or some other arrangements satisfactory to the Director have been made. Section 68(7) is mandatory. Without proof of payment from the Director the Board has no authority to proceed with this application for review.
DISPOSITION
- The 45 day deadline for this application for review is June 26, 2000. Unless the Board receives confirmation from the Director of Employment Standards that the requisite payment has been made by June 26, 2000 this matter will be deemed to be terminated without any further notice to the parties.
“Inge M. Stamp”
for the Board